Terms & conditions

1. Introduction

Bella Snep is the SAMO BIZNES EOOD app that helps you stay in shape with a personalised workout path based on your preferences. In the app you will find over 200 professional videos made specifically for your training path. Each video corresponds to a complete workout and you can watch it again whenever you want. Professional trainers have been selected to create the videos and guide you step by step through the exercises. Each coach specialises in a training category. Through an intelligent algorithm, the app is able to record your preferences and offer you the most suitable training path to reach your goals.

In order to access the services of our app, you need to subscribe with SNEP S.p.A (the ‘Network’). For more information, please consult the legal documentation and terms and conditions at www.mysnep.com.

The following Terms and Conditions of Use of Bella set out the legal framework for your use of the services, products, content and features offered by Bella.

Please read these General Terms and Conditions of Business carefully.

2. Scope

2.1 Parties to the contract and subject matter of the contract

These Terms and Conditions govern the relationship between the parties for the use of our application called BELLA. In order to use our services, you must first subscribe to the Network. Our company is SAMO BIZNES EOOD, based in Sofia 1000, Boulevard Kniaz Alexander Dondukov No. 85-87 (hereinafter “we” or “Bella”).

The subject matter of this agreement is your use, subject to your subscription with Snep S.p.A., of the services, products, content and functions (hereinafter referred to individually as “Bella Service” or collectively as “Bella Services” or generally as “Bella”), offered by us under the Bella name via our websites or software applications or user interfaces linked to our products or applications for mobile or other devices or via the social media pages operated by Bella. If you use a mobile device to take advantage of the Bella Services, please check our websites www.bellasnep.eu to see if an app is available that is suitable for your device and respective operating system.

2.2 Terms and conditions for participating

A condition for opening a user account and using the Bella Services is that you are at least 18 years of age and have full legal capacity.

Bella is intended exclusively for consumers. The legal definition of a consumer is every natural person that enters into a legal transaction for reasons that cannot be chiefly attributed to either their commercial or their self-employed occupation. Use of Bella for commercial purposes of any kind is expressly prohibited.

3. Your Health

3.1 Terms and conditions with regard to your health

Use of the Bella Services is at your own risk.

In any case a condition for the use of the Bella Services is that you must be in a good general state of health. If you have knowledge of any pre-existing medical conditions we advise you to seek medical advice from a doctor urgently before you start the Bella Services. This applies in particular if you have knowledge of one or more of the following medical complaints/conditions/procedures:

– cardiovascular disease,

– lung or respiratory disease (including asthma),

– spinal and/or joint problems,

– neuromuscular disease,

– surgical procedures,

– any other health issues

In case of Bella Services related to nutrition, you are responsible for verifying that the foods and nutrients recommended as part of the guide do not contain any ingredients or contents to which you are allergic or which may cause food intolerance.

In addition our female athletes should note that pregnant women and breast-feeding mothers should not do the trainings offered by us.

The following general rules apply: Listen to what your body is telling you. Before using the Bella Services for the first time or while using Bella, if you have any doubts about your health (e.g. because you are experiencing considerable pain, a general malaise, shortness of breath, nausea or dizziness) consult your doctor before starting or continuing with Bella.

3.2 No substitute for medical advice

The services and information offered by Bella and the Bella Services do not constitute medical advice or a doctor’s advice. Nor are they a substitute for a medical examination or treatment by a doctor.

3.3 Training-/Dietary Methods

Fitness and/or nutritional advice is subject to constantly evolving knowledge in relation to health science, nutritional science and sports science. Although we base our trainings and nutritional tips on current studies and knowledge, we do not guarantee that these reflect the most up to date research findings or knowledge.

4. User Account

5.1 Registration process

In order to use the Bella Services you must first (i) register and open a user profile to use Bella and (ii) subscribe with Netowrk.. Without Bella’s prior written permission you may not use any domain name or web URL in your user name. During the registration process we will ask you to agree to these Terms and Conditions and the relevant privacy policy. After successful registration, for security reasons we will first send you an e-mail in which we will ask you to confirm your registration by clicking on the “Confirm account” field. By clicking on this button you will be redirected to our website from where you can finally confirm your registration. Only then will the procedure be complete.

5 Registration via mobile apps

When registering via mobile apps, the formation of the user contract depends on the rules of the app store supplier (for example Apple, Google, etc.). The contract is generally formed when you click on the “Install” field in the relevant app store and, where necessary, enter your password in question. Please note that in order to use the Bella Services it is still necessary to open a cost-free user account with us.

6. Liability for Defects

6.1 Statutory Provisions

Statutory provisions apply to claims due to defective services. Your consumer rights remain unaffected in any case.

6.2 Disclaimer of guarantees

We do not make any representations or guarantees that the use of the Bella Services will bring the training- or other result intended by you. We do not promise a concrete success. Also, the actual training result will depend on factors which cannot be influenced, such as, for example, physical disposition and preconditions. Consequently, results may vary strongly between individuals despite the same use of the Bella Services.

We also do not guarantee that the available content is suitable for all users, or that particular functionality will be available or supported for a specific period, or that our Bella services will be available with no interruptions or faults.

7. Liability

7.1 General

Insofar as you are provided with guides or instructions in connection with the Bella Services it is imperative that you follow them. Otherwise you risk being injured and your general health.

Insofar as you use equipment or training tools it is your responsibility to ensure that such equipment and tools are in good working condition and installed and/or set up properly.

You need to observe and respect our health safety notices in clause 3.

7.2 Liability of our employees

To the extent that our liability is excluded or limited, this exclusion or limitation also applies to our employees and agents.

8. Rights of Use over  Bella Content

Depending on the services that have been activated for you, the services we offer may contain content that is protected by copyright or otherwise and to which we hold the rights. We grant you the simple, revocable and non-transferable right to use this content for non-commercial purposes in accordance with these contractual provisions. Just for the avoidance of doubt, we would like to point out in particular that the distribution of our content or its publication, e.g. on sites other than Bella’s, is not permitted. The same applies to copying, sale or distribution, creation of derivative works and any activity which could hinder or damage Bella Services. The right of use lapses upon deactivation of your access to the corresponding service or upon termination of the user agreement.

9. Responsibility for User-Generated Content

9.1 Disclaimer of responsibility for third party content

You are solely responsible for content that you post within the Bella Services. We accept no responsibility for this content, nor do we monitor it. You are prohibited from advertising commercial websites or other products through your user account.

9.2 Indemnification

If you infringe the principles mentioned in clause 9.1 and that this is your fault (i.e. because you acted either negligently or with intent), you are obliged to indemnify us against any third-party claims arising from such infringement. This indemnity also includes the costs of a suitable defense. You are obligated to provide assistance in clarifying the disputed situation. We reserve the right to assert claims for damages and other claims.

10. Ending the Contract

10.1 User contract

You have the right to delete your user profile at any time, without having to provide a reason, thus terminating your user agreement at the same time. To do this, simply select the right settings on your profile. Please note that once you delete your user profile, we will or may delete all content and training results that you have added, and you will no longer be able to access content that you have already purchased. If at the time of deletion of your profile you still have a valid subscription with the Network, the amounts already paid will not be refunded, not even on a pro-rata basis.

10.2 Cancellation for good cause

The right to cancel for good cause remains unaffected in the case of either party. In particular we are entitled to cancel your user contract or your subscription with immediate effect, and to cancel your user account, if you seriously or repeatedly breach the provisions of the user contract and/or these General Terms and Conditions of Business, or if you are in arrears with your payment obligations with Snep S.p.A..

11. Personal Data

We process your personal data in accordance with our privacy policy, the latest version of which can be referenced at https://www.bellasnep.eu/privacy-policy?lang=en. In particular these data protection provisions govern and explain the extent to which your personal data can be seen by other users and what options you have for controlling its disclosure to other users.

12. Online dispute resolution

The EU Commission provides a platform for extrajudicial dispute arbitration. This gives consumers the opportunity to settle disputes associated with their online order out of court. The dispute resolution platform can be found here: https://ec.europa.eu/consumers/odr/

Consumer information: Non-participation in dispute resolution proceedings.

We are neither prepared nor required to participate in dispute settlement proceedings before a consumer arbitration board. Our email address can be found on our company info page.

13. Changes to the Terms and Conditions

We reserve the right to amend and adapt these General Terms and Conditions with future effect if this is necessary due to changes in the legal, administrative or technical framework conditions and the amendments are reasonably in good faith in accordance with your interests. We will inform you of the changes by e-mail no later than two (2) weeks before the new Terms and Conditions are due to come into force. If you do not object to the validity of the new Terms and Conditions within this period and you continue to use Bella, the new Terms and Conditions will be deemed to have been accepted. In case of non-acceptance, we expressly reserve our ordinary cancellation rights. You will also be notified separately about your right to object, the deadline for doing so and the legal consequences of objecting or not objecting.

14. Final Provisions

14.1 Applicable law

In relation to business transactions with consumers within the European Union, the law of the consumer’s place of residence may also be applicable where such law contains consumer law provisions that it is mandatory to apply.

14.2 Place of jurisdiction

If you do not have a place of general jurisdiction in EU Member State, or if you have moved your permanent place of residence to a country outside the EU after these Terms and Conditions have entered into effect, or if your permanent place of residence or usual place of residence at the time the complaint is filed is not known, then the exclusive place of jurisdiction for all disputes arising from this contract will be our place of business.

14.3 Language of the contract

The language of the contract is English.

14.4 Severability clause

Should any individual provisions of these Terms and Conditions be or become invalid in whole or in part, this will not affect the validity of the remaining provisions.

15. Information about the Supplier

SAMO BIZNES EOOD

Boulevard Kniaz Alexander Dondukov Korsakov n. 85-87

1000 Sofia

Bulgaria

Email: info@bellasnep.eu

P. IVA: 204767634

Managing Director: Manuele Marazzi